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Home My WebLink About~Master - Water Main and Hydrant Easement from CCRC of Ames, LLC - 3305 Stange Instrument U: 2019-05340 06/27/2019 09:01:39 AM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa «'ll, i� MUR111 11111 S P A C E A B O VE R E S E R V E D FOR OFFICIAL USE Legal 3_description:See page Return document to:City Clerk,515 Clark—Avenue-Ames IA 50010 Document prepared by:�ictoria A.Feilmeyer,City ofAmes Legal Department,515 Claris Ave.,Ames,IA 50010-5 1 5-239-5 1 46 Water Main & Hydrant Easement Know All Persons: The undersigned, CCRC OF AMES, LLC, an Iowa limited liability company organized and existing under the law of the State of Iowa (hereinafter referred to as the "Grantor"), for valuable consideration, does hereby grant unto the City of Ames, Iowa, an Iowa municipal corporation, (hereinafter referred to as the "Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area for the uses set forth hereinafter over, upon, across and under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way. The Easement Area is a strip of land situated in Story<> County, Iowa,as shown on the Easement Plat,and described as follows: For the use of a water main and hydrants over, upon,across,in,and through: The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate,use,maintain,and repair the systems described.Grantee shall have the right to enter upon sufficient land adjacent to said water main and hydrant Easement Area for the purpose of exercising the rights and privileges herein. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantor,as the fee simple owner of the underlying real estate,and the Grantors' successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement that may interfere with the use, operation, maintenance, repair and replacement of the water main and hydrant,except with the prior written consent of the Grantee. 2 Restoration. Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the surface of the Easement Area to its condition prior to said work,in a manner consistent with City standards. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantor from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4 Title Warranty. The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant the easement rights herein provided for. .i 2 5 Successors and Assigns. This Easement shall be binding on successors and assigns of the Grantor and the Grantee. 6 Interpretation. Words and phrases used in this instrument shall be construed as in the single or plural number,and as masculine,feminine or neuter gender,according to the context.This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. //-- In Witness Whereof the undersigned has executed this instrument on r1 C. CP , 2019. CCRC OF AMES '— Dated r7 2 2019. B . Gilbert R.Wood,Man g r STATE OF /50. S S ,COUNTY OF ��n In✓1 SiLs _. ,SS.: This instrument was acknowledged before me on 20i9, by Gilbert R. Wood, as Manag r of CCRC OF AMES LLC. RACHEt L. BACKE$ Kit';uv hui,lu:. Sr;)!,,of Kansas NAY mmt,licnr E.xtoes �(OARY PUBLIC a. 0 ES RESERVED � C� R E a. SE \tEN r pi -� T ] RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES, IA.50111,PH:3694400 FAX:369-4410 EXHIBIT 'A' - EASEMENT PLAT WATER MAIN EASEMENT'A'DESCRIPTION A PART OF LOT 2, BAPTIST ACRES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89'24'15" EAST ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 88.36 FEET; THENCE NORTH 00'39'02" WEST, 16.42 FEET TO THE NORTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014, PAGE 2276 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00'39'02" WEST, 35.23 FEET TO THE POINT OF TERMINUS AND CONTAINING 0.01 ACRES (352 SQUARE FEET). WATER MAIN EASEMENT'B'DESCRIPTION A PART OF LOT 2, BAPTIST ACRES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89'24'15" EAST ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 459.22 FEET; THENCE NORTH 00'35'45" WEST, 119.79 FEET TO THE POINT OF BEGINNING; THENCE NORTH 45'37'45" WEST, 16.11 FEET TO THE SOUTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014, PAGE 2276 AND THE POINT OF TERMINUS. EASEMENT CONTAINS 161 SQUARE FEET. WATER MAIN EASEMENT'C'DESCRIPTION A PART OF LOT 2, BAPTIST ACRES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 00'19'00" WEST ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 295.91 FEET; THENCE NORTH 89'41'00" EAST, 78.61 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 45'22'53" EAST, 4.26 FEET TO THE NORTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014, PAGE 2276 AND THE POINT OF TERMINUS. EASEMENT CONTAINS 43 SQUARE FEET. WATER MAIN EASEMENT'D'DESCRIPTION A PART OF LOT 2, BAPTIST ACRES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 153.67 FEET; THENCE SOUTH 00'22'52" EAST, 10.00 FEET TO THE SOUTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014, PAGE 2276 AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'22'52" EAST, 3.50 FEET TO THE POINT OF TERMINUS. EASEMENT CONTAINS 35 SQUARE FEET. FILE: H: 2013 1307295 DWG\7307295—EASEMENT—WATER MAIN 3.DWG RLE DATE: 5/16/19 DATE PLOTTED: 5/17/2019 8:24 AM PLOTTED BY: JOSH MACKIE: PT. LOT 2 3405 SE CROSSROADS DRIVE,SUITE G BAPTIST ACRES SUB. 2 GRIMES,IOWA 50111 1307.295 EASEMENT PLAT AMES,IOWA CIVIL DESIGN ADVANTAGE PH:(515)369.4400 Fax:(515)369.4410 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES,IA.50111,PH:369-4400 FAX:3694410 EXHIBIT 'A' - EASEMENT PLAT N NW COR LOT 2 BAPTIST ACRES SUBDIVISION POINT OF COMMENCEMENT EASEMENT'D' N POINT OF BEGINNING 10.00'WIDE WATER MAIN EASEMENT'D' Q�PP�� SCALE N90'00'00"E 153.67' 0' 40' 80' 160' SO'22'52"E 10.00' 1" = 80' S0°22'52"E 3.50' EXISTING 10.00' WATER MAIN EASEMENT BK 2014 PG 2276 N89'41'00"E 78.61' POINT OF BEGINNING 10.00'WIDE WATER MAIN EASEMENT'C' S45°22'53"E 4.26'Lu W Q U . LLJ 3 10.00'WATER N45°37'45"W a MAIN EASEMENT'B' POINT OF 0 BEGINNING W z POINT OF BEGINNING EA POINT U' EASEMENT'A' 10.00'WATER MAIN EASEMENT'A' �NO'35'45"W 119.79' NO°39'02"W 35.23' NO'39'02"W 16.42' � 88.36' 370.86' N89'24'15"E 459.22' W CDR LOT 2 BAPTIST ACRES SUBDIVISION ST� suB b"V SOON POINT OF COMMENCEMENT SOMERS- ADDITION EASEMENT'A','B',&'C' TWENTY-SECOND FILE: H:\2013\1307295\DWC\1307295—EASEMENT—WATER MAIN 3.DWG FILE DATE: 5/16/19 DATE PLOTTED: 5/17/2019 8:24 AM PLOTTED BV: JOSH AAACKIE 112/ PT. LOT 2 3405 SE CROSSROADS DRIVE,SUITE G � BAPTIST ACRES SUB. GRIMES,IOWA 50111 307.295 EASEMENT PLAT AMES,IOWA CIVIL DESIGN ADVANTAGE PH:(515)3694400 Fax:(515)3694410